The Commerce Commission v Carter Holt Harvey Limited - SC 25/2009

Civil – Strike-out – Whether the Court of Appeal erred in holding that for the purposes of s 43(5) of the Fair Trading Act 1986 the relevant knowledge was that of both the Commission and the person who had suffered loss – Whether the Court of Appeal was wrong to hold that knowledge of “likelihood of loss or damage” was sufficient for time to start running for a claim for relief under s 43(2)(c) and (d) of the Fair Trading Act – Whether the Court of Appeal was wrong to conflate discovery of a breach of the Fair Trading Act with discovery of loss or damage – Whether the Court of Appeal erred in holding that only a minimal amount of knowledge is required to set the limitation period running under s 43 of the Fair Trading Act – whether the Court of Appeal erred in holding that the Commission discovered the loss or damage before the limitation date[2009] NZCA 40  CA 316/2007 27 February 2009